NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
DESCRIPTION: “United By Blue x Yellow 108 Travel Hat Sweepstakes” (the “Contest”) begins on November 23, 2015 at 12:01 a.m. Eastern Standard Time (“EST”) and ends on November 24, 2015 at 11:59 p.m. EST (the “Contest Period”). Entry in the Contest does not constitute entry into any other promotion or contest. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of United By Blue, 144 N. 2nd St., Philadelphia, PA 19106 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Contest is open to legal residents of the forty-eight (48) contiguous states of United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any item for the purposes of entering this contest. This Contest DOES NOT APPLY to employees of United By Blue, Yellow 108 and/or its respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee. The Contest is subject to all federal, state, and local laws and regulations. Contest is void where prohibited by law.
HOW TO ENTER: There are nine (9) ways to enter the sweepstakes:
LIMIT: One prize will be awarded.
PRIZE WINNER SELECTION AND NOTIFICATION: On or about November 24th, 2015, a winner will be selected by random drawing. The potential winner will be notified by e-mail, using contact information provided or collected at the time of entry. Entrants must have a valid e-mail address and it is entrant’s responsibility to update Sponsor of any change in e-mail address. Winner is required to sign and return an Affidavit of Eligibility and Liability and Publicity Release (the “Affidavit”), within seven (7) days of notice of selection in order to claim the prize. Potential winner must respond via email within seventy-two (72) hours or an alternate winner may be selected. The Affidavit will, among other things, seek approval for Sponsor to perform a confidential background check. If a potential winner cannot be contacted, fails to execute and return the Affidavit or provide any other requested information within the required time period, fails to pass the background investigation (as determined by Sponsor in its sole discretion), or does not comply with these Official Rules, potential winner forfeits the prize. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners for the prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential Prize Winner is found to be ineligible, or if the selected winner has not complied with these Official Rules or declines the prize for any reason prior to award, such potential Prize Winner will be disqualified and an alternate Prize Winner may be selected.
PRIZE: The Prize Winner shall receive the following (the “Prize”): One (1) United By Blue x Yellow 108 Travle Hat. More details available at: http://unitedbyblue.com/products/ubb-x-yellow-108-travel-hat
No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prize Winner will not receive difference between actual retail value and ARV.
The specifics of all aforementioned elements of the prize in the Contest shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective Prize Winner, including without limitation meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip. All federal, state and local taxes on prizes are the Prize Winner’s responsibility.
GENERAL RULES: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other disruptive manner and void all associated Submissions.
NON-INFRINGEMENT/GRANT OF RIGHTS: By participating in the Contest, entrant certifies that his/her entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of third parties, including copyrights, trademarks or the rights or privacy or publicity. Acceptance of a prize constitutes Prize Winner’s permission for Sponsor and its designees to use Prize Winner’s name, photograph, submission, likeness, likeness, biographical information, statements and address (city and state) for advertising, promotional and/or publicity purposes worldwide and in all forms of media now known, including the Internet, or hereafter developed, in perpetuity, without further compensation, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, Prize Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The Prize Winner accepts and acknowledges that Sponsor shall have no obligation to use the Submission and that it may refrain from using the Submission in its sole discretion. Sponsor shall not incur any liability whatsoever from its election to not use the Submission.
LIMITATION OF LIABILITY: United By Blue (“Sponsor”) and its affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: (i) any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website or Instagram; theft, tampering, destruction, or unauthorized access to, or alteration of entries; (ii) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; (iii) printing or human or other errors; and (iv) any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless Sponsor and Instagram, Inc. and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Sponsor has not has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner's and any travel companion’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
DISPUTE/CHOICE OF LAW: All disputes, claims and causes of action (each a “Claim”) arising out of or relating to the Contest, the meaning or interpretation of the Official Rules or any prize shall be resolved by applying the laws of Pennsylvania, without regard to conflict of laws provisions therein and shall be solely and exclusively brought in United States District Court or the appropriate state court in the State of Pennsylvania. All Claims shall be resolved individually, without resort to any form of class action; and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim, punitive, incidental, special and consequential damages.
WINNER’S LIST: For winner’s name, send a self-addressed, stamped envelope to: United By Blue “United By Blue x Yellow 108 Travel Hat Contest”, Attn: United By Blue Marketing, 144 N. 2nd St, Philadelphia, PA 19106.